On November 20, 2009, I passed
the July 2009 California Bar Examination. It was my first time taking it. Was I happy? Absolutely. The numbers
indicate that, for perhaps a variety of reasons, California's Bar exam has the lowest pass
rate among all the states. From the stats I've seen,
the July 2009 pass rate was in
the mid 50% range, about 6% lower than the July 2008 pass rate.
(As an aside, the July 2009 administration was also the one
where Sara Granda took it. She's the disabled law student who had her Bar exam
fees paid by check instead of credit card. As a result, the California State Bar
refused to let her take the exam. She was only allowed to take the exam on July
28, 2009 (the day before the exam) when the
California State Supreme Court said she could.
Sara passed)
If you're going to be taking the California Bar exam, you'll
quickly find (as I did) that there is no shortage of advice out there. If you
listen to it carefully, though, you'll hopefully discern that not all advice is
equal. For example:
if someone can't explain the basis of their advice, it
probably isn't advice you want to place a lot of credence in.
if someone is short on specifics (e.g. "The Bar? Oh,
that's easy. Just study and you'll be fine"), then it's probably not
advice you want to weigh heavily.
In random order below, here's what worked for me. Hopefully it
will work (or at least help) you. (Note: I did take the Barbri prep course. Most Bar prep courses
are equivalent, I think, so I'm not recommending/endorsing Barbri over any
other. I only mention them because it's more convenient than saying "my prep
course").
You're most likely going to use a laptop to type your exam so
make sure it is in tip-top working order. Perhaps it wasn't necessary, but I
removed/uninstalled all non-essential programs. I also removed obviously
extraneous files (e.g. mp3s, Word docs unrelated to the Bar exam, etc). I
then scanned my laptop for viruses (AVG
Antivirus), removed extraneous files (Ccleaner),
scanned for Malware/Spyware (Malwarebytes
and SuperAntispy).
Because I'm cheap, all of these programs are freely downloadable. I'm sure
other scanning programs will work just as well.
I also strongly recommend disabling any programs that do things
automatically, such as automatic updates or automatic scans. A lot of
antivirus programs, for instance, automatically start scanning at preset
times. If you're in
Examsoft
and this happens, your computer may freeze or become so obscenely slow that
you'll have to handwrite the remainder of your answer.
The Exam itself is unlike a law school essay exam in that it
measures competency instead of perfection. I don't recall the exact essay
and performance test questions I had, but the facts were short and simple.
There was no indication of any tricks or latent ambiguities, unlike most law
school exams.
Start your preparation early. My Bar exam was July 28
through July 30, 2009. I started my preparation in March.
Be diligent. If you're taking a commercial
preparation class, make sure you go everyday. Is it boring?
Yes. Is it silly? Yes, because all you're likely to do is sit in a room and watch videos,
but making sure you go each day disciplines you psychologically. Just like
it's easier to train for a marathon, quit smoking, or lose weight in groups,
it is easier to study for the Bar exam with other people.
Stay on top of your work. If you happen to
miss a class or day, make it up right away, ideally the next day. The
classes do not build on one another (e.g. Con Law does not build on Civil
Procedure), but you will cover new material every day so it is quite easy to
fall behind. I do not recommend taking weekends off -- do less studying on
the weekends, but still study.
Get regular exercise. I've exercised (weights and cardio) regularly
for years, but my friends who haven't told me that doing so during Bar
preparation helped them stay awake and alert during the 3 days of the actual
exam. I would exercise for two additional reasons. First, it's a diversion
that keeps you relaxed. Second, it provides an outlet for your mind to
organize all the legal thoughts and mnemonics you've been trying to cram in.
Do not rely entirely on a commercial preparation company.
One piece of advice I got before beginning my Bar prep was to schedule my
Barbri lecture for the time of day I'm the least productive. At that time, I
was not a morning person so I took the morning Barbri class. The reason for
doing so is that most of the real substantive preparatory work you do is
going to be on your own, outside of class.
This was by far the most important
thing I did: I looked up and did
old Essay and Performance Test exams that
the California State Bar releases. This ended up being hugely valuable for
me because the California State Bar releases
answers to these exams as well.
Moreover, these answers are deemed by the State Bar to be the best in the
entire state during that particular exam administration. My impression from
reading these so-called "best" answers was that they were definitely
something I could do within a 3-hour exam session. To put it another way,
the answers weren't bad, but they weren't excellent either, which perhaps
just reinforces point #1 above that the California Bar Exam measures
competency, not perfection.
Stay motivated. Some people are motivated by loving friends
and family. In my case, I was motivated by anger in the form of an
image of the boss (a physicist) I used to have. I had done a lot of good work for him
so if anyone was in a position to write a glowing letter of recommendation for
me, it would have been him. When I mentioned "graduate school" to him, he
was very enthusiastic but this was only because -- as I later discovered --
that he thought I was going for a PhD degree like he had done. When I
mentioned "law school" instead, his enthusiasm went away. He declined
to write me a letter and went so far as to say an engineer (which I was at
the time) had no business going to law school, that I would never get in to
a law school, much less finish and get licensed. Obviously, I proved him
wrong.
Do look at the venue before the exam to get a feel of the
facility (e.g. where the bathrooms are, where the restaurants are, etc). If
you're staying in a hotel, make sure you know how to get from there to the
venue.
Do use flashcards. I hate memorizing, but the law
unfortunately does involve a lot of it so I had to do it and so will you if
you want to pass. Obviously, if you have something other than flashcards
that works for you, use them.
Do not modify your routine during the weeks leading up to the exam so as to
keep the stress in your life to a minimum. Thus, if you're a smoker, quit,
but not during Bar prep.
Do keep a sense of humor. One of the
things I consistently found hilarious was the
Jill and Kevin Heinzwedding
dance video (below left). I put it onto my iPod and ended up watching
it over and over again during the lunch breaks and in the mornings before
the facility opened. It made me smile and laugh and that's what I needed.
The video on the right came out after the July 09 Bar, but I'd definitely
put it on my iPod if I was taking the February or July 2010 exams.
Things to remember throughout:
Realize that the exam is not hard. I worked for 6 years
between college and law school and all of the things I did (lead teams,
supervise people, give presentations to groups, etc) were harder than the
California Bar Exam. Plenty of people have passed the exam and, unless
you're an absolute imbecile, many of them were dumber than you.
However, at the same time, remember that the exam is also not
easy. If you blow it off or think that you can cram for it, it will likely
bite you in the ass when results are released.
The California State Bar puts out passage statistics on who
takes the exam. One thing it shows is that the odds of you passing the exam
the first time is, for instance, in the
75% to 83% range if you went to an ABA-accredited law school. If you
don't pass the exam the first time, however, your odds of passing the second
time drop dramatically -- down to the
30% range, even if you went to an ABA-accredited school. I don't know
why this is and there are, of course, people who buck this trend. However,
my point in bringing this up is to show that it is not a good idea to think
that you can just "take the exam again if you don't pass the first time".
You certainly can take the exam again, but it is a much better use of time
and money to pass the first time by being as diligent and disciplined as you
possibly can during your preparation.
Aside: Can you prepare for the California Bar on your
own?
In creating this page, I got to thinking about this question and
I've concluded that the answer is yes. (Naturally, if you decide to prepare on
your own, it isn't my fault if you fail).
First, the majority of the value in any commercial Bar exam
preparation course is in the written materials you get (handouts,
books, etc). Only a small portion of it is from actual in-class time. For
the Barbri class I took, the lectures were just DVDs (i.e. students could
not ask questions) and about 99% of what the lecturer on the DVD was saying
was in the book I had in front of me.
Second, most Bar prep courses include a service where you
can get feedback on your written essays and performance tests. Again, I've
only taken Barbri, but I was not impressed with the feedback service they
had. There were so many people in the class that the graders only had time
to include minimal feedback on what you wrote. In a small class, however, I
can imagine the grader having more time to give in-depth feedback, but the
feedback still may or may not be helpful to you. What I'd recommend instead is (a)
find some friends who've taken and passed the Bar exam to read what you
write, (b) look at the
model answers the California State Bar releases, and
(c) possibly hire a Bar tutor or grader for a couple hours to read over your
answers. Big prep companies may not sell an hour or two of a grader's time,
but smaller companies might. You could go on
Craigslist or find someone
(e.g. stay-at-home mom who used to be a lawyer, etc) through your county bar
association to read your stuff.
Third, as I mentioned above, going to lecture only
represents a portion of your Bar preparation. The other portion is you
practicing on your own by making outlines, reviewing flash cards, doing
sample MBE questions, and writing sample essays and performance tests. In my
opinion, this practicing part is the more substantive part of Bar
preparation and you're going to do it on your own anyway, regardless of
whether you take a commercial prep course or not.
Fourth, it's pretty easy to find an old set of Bar
preparation books (Barbri, etc) on
Craigslist and they usually go for about
15% or so of what a full-fledged course would cost. In my case, my Barbri
course (books, lectures, useless essay writing feedback service, etc) cost
$3,250. You can buy a used set of books for about $400. For those of you who
have taken Copyright Law, you'll know that selling books like this is
perfectly legal, thanks to the
First Sale Doctrine (17 USC 109)
If you are going to prepare on your own, I would recommend
finding a friend who is taking a commercial course concurrently or who just
finished taking a commercial course so you can bum supplies off of them. One
thing I'd recommend bumming is a schedule of what subjects to review and
practice exercises to do when.
Good luck.
Last edited:
Sunday, May 15, 2011 01:18:26 PM
Originally authored:
Tuesday, December 22, 2009 08:06:21 PM